Legal Knowledge Blog

Recently, OSHA announced a revision to its recordkeeping requirements that will update the list of industries that are required to keep injury and illness records. The new requirements go into effect on January 1, 2015. Some industries that were previously required to maintain injury and illness records will not be required to do so as of next year. However, many previously exempt industries are now required to keep such records. Below is a list, by NAICS Code, of the industries that will now be required to keep injury and illness records that had not been required to do so previously. Note that the food and beverage industry is affected by several categories.

3118 Bakeries and tortilla manufacturing

4411 Automobile dealers

4413 Automotive parts, accessories, and tire stores

4441 Building material and supplies dealers

4452 Specialty food stores

4453 Beer, wine, and liquor stores

4539 Other miscellaneous store retailers

4543 Direct selling establishments

5311 Lessors of real estate

5313 Activities related to real estate

5322 Consumer goods rental

5324 Commercial and industrial machinery and equipment rental and leasing

5419 Other professional, scientific, and technical services

5612 Facilities support services

5617 Services to buildings and dwellings

5619 Other support services

6219 Other ambulatory health care services

6241 Individual and family services

6242 Community food and housing, and emergency and other relief services

7111 Performing arts companies

7113 Promoters of performing arts, sports, and similar events

7121 Museums, historical sites, and similar institutions

7139 Other amusement and recreation industries

7223 Special food services

8129 Other personal services

If your business falls under one of these classifications, please consult OSHA’s recordkeeping website (https://www.osha.gov/recordkeeping2014/records.html) for instructions on how to complete and maintain these forms. For employers that have been required to keep injury and illness records in the past, please check this website to determine if your industry is still covered. Please note that establishments with 10 or fewer employees at all times in the previous year continue to be exempt from keeping OSHA records, regardless of their industry classification.

If you have any questions, feel free to contact Bryan Stillwagon of Sherman & Howard LLC at (404) 567-4372.